WPC 2?BJ ZCourier3|jCourierTimes New Roman Bold@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXPTimes New RomanTimes New RomanCourier6X@`7s@#2:q KTimes New RomanCourierTimes New Roman BoldCourier Bold<r5ddd,sd6X@`7@)1>Rd{ 0 .wcd.wcm Compile Macro&Compile Convert Macro&Conve"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 IFK7wTimes New RomanCourierTimes New Roman BoldCourier BoldCourier Italic<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNfx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7&<I,nG6X@`7@ I,-GNG `72^Z7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@ ?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7&<I,nG6X@`7@ I,-GNG `7 ?xxx,:Nx6Nhez7XH`UU\winapps\office\shared\wpc ?V7x8 `` ' X   N X-w  Federal Communications Commission`(#DA 97672 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 `(# In reply refer to: x` `  hh@hpp  xx 1800E1 3April 2, 1997  X_-`;(# Released: April 7, 1997 ă  X1- CERTIFIED MAIL RETURN RECEIPT REQUESTED PostNewsweek Stations, Florida, Inc. Licensee, WJXT(TV) 1851 Southampton Road Jacksonville, FL 32207 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xthe amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications  xyAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass  xlMedia Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated  xviolations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.   xIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  X- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X- xrules, inter alia, limiting the number of minutes of commercial matter that television stations may  xair during children's programming, and to consider in its review of television license renewals  xthe extent to which the licensee has complied with such commercial limits. Therefore, the  xzCommission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount  xof commercial matter which may be aired during children's programming to 10 minutes and 30  xseconds per hour on weekends and 12 minutes per hour on weekdays. The Commission also  xreaffirmed and clarified its longstanding policy that the entire duration of a program associated  xwith a product, in which commercials for that product are aired (a "programlength commercial")  x=would be counted as commercial matter for the purpose of the children's television commercial  X - xlimits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6  xFCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992.  X"-Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   xOn October 1, 1996, 1996, you filed an application for renewal of license (FCC Form  x303S) for station WJXT(TV), Jacksonville, FL (BRCT961001ZJ). In response to Section III,  xyQuestion 4 of that application you state that during the previous license term WJXT(TV) failed  xto comply with the limits on commercial matter in children's programming specified in Section  xM73.670 of the Commissions Rules. In Exhibit 3 to that application you indicate that between  xJanuary 18, 1992, and April 3, 1993, WJXT(TV) exceeded the children's television commercial  xlimits on 30 occasions. Of these overages, two were 45 seconds   in duration; 27 were 15 seconds"),**qqn("  x in duration; and one was a programlength commercial. With regard to the programlength  xcommercial, you state that on April 3, 1993, as a result of an inadvertent error by the CBS  xTelevision Network, WJXT(TV) broadcast a commercial announcement for the theatrical film  x"Teenage Mutant Ninja Turtles III" adjacent to the CBS children's television program "Teenage  xMutant Ninja Turtles" ("TMNT"); that although the "TMNT" movie advertisement was separated  xZfrom the "TMNT" television program by 53 seconds of station identification and promotional and  xcommercial announcements, there was no intervening unrelated program material; and that after  xthis incident, the CBS Television Network informed the station that it had taken steps to prevent  xa recurrence. With regard to the conventional overages, you state that on 28 occasions between  xJanuary 18, 1992 and September 5, 1992, the station broadcast a onehalf hour children's program  xthat had originally been part of a onehour block of CBS Network children's television  x<programming; that this onehalf hour children's program was broadcast by WJXT(TV)in the same  x=clock hour as a general audience program, and was therefore subject to the prorated weekend  x[commercial limit of 5 minutes and 15 seconds per isolated halfhour; that although the full one xhour block of children's programming originally provided by the network conformed to the 10  xminute 30 second per hour weekend limit, the halfhour program actually broadcast by  xWJXT(TV) contained 5 minutes and 30 seconds of commercial matter on 26 occasions and 6  xminutes of commercial matter on two occasions, resulting in 26 15second overages and two 45 xsecond overages; and that this error was discovered in December, 1992, and has not recurred.  xFinally, you state that one 15second overage occurred on September 9, 1992, because of "an inadvertent flaw in the installation of a new Fall program format...."   nxWJXT(TV)'s record of exceeding the Commission's commercial limits on children's  x=television programming during the last license term constitutes a repeated violation of Section  x#73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the  x=Communications Act, PostNewsweek Stations, Florida, Inc., is hereby advised of its apparent  xliability for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent repeated  xyviolation of Section 73.670 of the Commission's Rules. The amount specified was reached after  xconsideration of the factors set forth in Section 503(b)(2) of the Communications Act, and, in  xkparticular, the following criteria: (1) the number of instances of commercial overages; (2) the  xlength and nature of each such overage; (3) the period of time over which such overages  xoccurred; (4) whether or not the licensee established an effective program to ensure compliance;  xand (5) the specific reasons that the licensee gives for the overages. These criteria are appropriate  x.in analyzing violations of the commercial limits during children's programming, since they take  X- xinto account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with  x?respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the  X - xNCommunications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773  X!-(1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779 (1995).   xWJXT(TV) exceeded the children's television commercial limits on 30 occasions. This  xis a significant number of violations. In addition, one of the violations was a programlength  x commercial. Overages of this number, nature and magnitude mean that children have been  x.subjected to commercial matter greatly in excess of the limits contemplated by Congress when  xit enacted the Children's Television Act of 1990. Congress was particularly concerned about  xxprogramlength commercials because young children often have difficulty distinguishing between" (,))qq&"  xcommercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). The fact that  xthe programlength commercial occurred in programming supplied by the CBS Television  xLNetwork does not absolve WJXT(TV) of responsibility for the violation. The Commission has  x-consistently held that a licensee's reliance on a program's source or producer for compliance with  xour children's television rules and policies will not excuse or mitigate violations which do occur.  X- xmSee, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt.  Xv- x=Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting  X_-Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995).   xFurther, the violations occurred over a period of one year and three months. When the  xCommission delayed the effective date of Section 73.670 of the Rules from October 1, 1991, until  xLJanuary 1, 1992, we stated that "giving the additional time to broadcasters and cable operators  xbefore compliance with the commercial limits is required will have the effect of enabling  X - xbroadcasters and cable operators to hone their plans to ensure compliance...." Children's  X - x Television Programming, supra 6 FCC Rcd at 5530 n.10. In view of the fact that the 28 half xhour prorating overages began in January, 1992, continued regularly until September 5, 1992,  xand were not detected until December, 1992, it is apparent that WJXT(TV) initially did not  x.establish an effective program to monitor compliance with the children's television commercial  xlimitations. The Commission has repeatedly rejected human error, inadvertence and/or  x/misunderstanding of the rules as a basis for excusing violations of the children's television  X4- xcommercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986,  X- xN10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995);  X- x Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995); Gannett  X- xMassachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications,  X- xInc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC  X- xMRcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally, the fact that WJXT(TV) (and/or the  x<CBS Television Network) may have implemented policies to prevent subsequent violations of the  xCommission's children's television rules and policies does not relieve the licensee of liability for  X|- xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  Xe- xKBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  XN- xMedia Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting,  X7- xInc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979,  x4980 (1995). Consideration of all of these factors warrants a forfeiture in the abovespecified  X - xamount of $10,000. Cf., Christel Broadcasting, Inc. (WAWB(TV)), __ FCC Rcd ____ (DA 97 x201, adopted January 24, 1997, released January 30, 1997) ($15,000 forfeiture for 50 violations,  X- xincluding two programlength commercials); WWORTV, Inc., 10 FCC Rcd 10986 (1995) ($12,500 forfeiture for 39 violations, including one programlength commercial).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter." (,))qq&"Ԍ  {ԙxNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of PostNewsweek Stations, Florida, Inc., for renewal of license for Station WJXT(TV), Jacksonville, FL (BRCT961001ZJ), is hereby GRANTED.  X- x` `  hh@Sincerely, x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau cc: William H. Fitz, Esq."4,))qq"  X- kwjxtfr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwjxtfr2.rel  }:< #n6X@`7Fc&@#$// POSTNEWSWEEK STAS, FL, INC., WJXT(TV) (Jcksnvll, FL) DA 97672 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?l< #x6X@`7>fX@#